Swami Raj Vibhu Alias Rajeev Ranjan vs State Of Uttarakhand And Ors

Pankaj Purohit, J

By means of the present writ petition, petitioner has put to challenge the FIR No.0545 of 2025 dated 05.12.2025, for the offences punishable under Sections 115(2), 351(3), 352 and 69 of B.N.S. 2023, registered with Police Station Rishikesh, District Dehradun and further prayed for a direction to respondent Nos.1 and 2 not to arrest the petitioner pursuant to the aforesaid FIR.

It is contended by learned counsel for petitioner that the impugned FIR is wholly false and malicious; there is no evidence available on record to prove the alleged allegations as leveled by respondent No.3 against the petitioner and to connect him with the alleged crime. It is further contended by him that the respondent No.3 has launched the criminal proceedings against the petitioner with malafide intention and with an ulterior motive for wrecking vengeance on petitioner with a view to spite him in a false and fabricated case due to his annoyance and personal grudge.

Learned counsel for petitioner contends that respondent No.3 has consistently engaged in harassment, blackmail and intimidation. The FIR was lodged immediately after the petitioner approached senior police officials with his complaint and supporting audio evidence regarding extortion and harassment. Impugned FIR is therefore patently retaliatory and intended only to pressurize, intimidate and humiliate the petitioner so as to either force him to succumb to illegal demands or deter him from pursuing his lawful remedies, thus, the impugned FIR is liable to be set aside.

Learned counsel for petitioner further contends that the petitioner is a law-abiding person having no previous criminal antecedents to his credit neither he is a previous convict from any Court in any crime nor indulged in any anti social or disruptive activities. He also submits that due to his implication in the instant false and fabricated case, he and his family’s entire future is at stake.

Per contra, learned State Counsel submits that prima-facie, cognizable offence is made out against the petitioner.

From perusal of the first information report, this Court is of the view that prima-facie, the commission of cognizable offences is made out against the petitioner. This Court is not a fact finding Court to look into as to whether the offences are proved or not at this stage. The offences alleged against the petitioner are very serious in nature, therefore, this Court doesn’t want to interfere with the impugned FIR. Moreover, the petitioner does not fall within the parameters given in the case of Neeharika, Infrastructure Private Limited Vs. State of Maharashtra and others reported in (2021) 19 SCC 401, therefore, this Court declines to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India.

Accordingly, the present criminal writ petition is dismissed in-limine.

Pending application, if any, stands disposed of accordingly.